Transform Challenge

Transform your life and WIN!

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Feb - Mar - Apr

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Lose big...

Win big!

$5,000 Grand prize!

The Transform Challenge is a weight-loss competition hosted by Yes You Can! to motivate everyone who wants to lose weight, reach their fitness goal, and have their own success story. We have already transformed thousands of lives through this challenge and now it’s your turn!

You could be rewarded for your efforts, dedication, and hard work with cash prizes and much more! What are you waiting for? This is a great opportunity to look great, feel great and become a winner! Sign-up today!

Meet one of our Grand Prize winners

Norma Hernández

lost 27lbs!

I started on January 2, 2017 the Transform Challenge. My goal was to lose 30 pounds and today, after 90 days, I lost 27 pounds in 3 months. From 142 pounds, now I weigh 115 pounds. I am very happy with my results. I was finally able to reach my healthy weight from before, as I had used Yes You Can supplements! previously and in 6 months, I lost 60 pounds and that's how I stayed for a year, but then I had surgery and I couldn’t exercise and I neglected my diet after the Christmas holidays. I saw the Transform Challenge and I was motivated to start over. Before I was very shy and I didn’t feel confident about myself, but today I feel great and I want to share my process to motivate more people to have a healthy lifestyle. The 4 Yes You Can! pillars were fundamental during my process. Every day I said to myself: "I can do it, I will achieve it.” I visualized myself being thin, eating healthy and exercising. Now, I exercise 5 times a week, I eat healthy thanks to the Nutrition Guide, and I take the Yes You Can! Supplements, which helped me during my transformation. I didn't only changed physically, but emotionally as well. Now, my goal is to maintain my weight and strengthen my body. Yes You Can!.

Prizes

3 Gold prizes

5 Silver prizes

10 Bronze prizes

1 Grand prize

Winner receives $5,000! During the year, we’ll have three cycles of the Transform Challenge. Each winner will receive a grand prize of $5,000! Your hard work and commitment will totally be worth it.

All finishers win!

Also, by completing your challenge, you will receive an exclusive Yes You Can! Transform Challenge t-shirt, wristband, and "I Transformed" medal. These items are not for sale, you can only get them, if you earn it! When you meet the requirements of the Transform Challenge, you will receive instructions on how to obtain your free items.

How to Join

1

Enter

Complete the required information, purchase your first month’s Transform Kit, and submit a “before” picture during the enrollment period.

2

Transform

Purchase one Transform Kit each of the three months of the contest. Use the shakes and supplements, along with the valuable nutrition and exercise information provided to transform your body and lifestyle.

3

Document

At the end of the contest period, submit an “after” picture of your results and write a brief description of your journey. Everybody who completes all the required steps for entry will receive the exclusive Transform Challenge t-shirt and wristband, regardless of results.

Rules

YES YOU CAN! TRANSFORM CHALLENGE CONTEST RULES

1. Contest Period: The Yes You Can! New Year Transformation Challenge Contest (the “Contest”) begins at 6:00 a.m. Eastern Time (“ET”) on January 1, 2019 and ends at 11:59:59 p.m. ET on April 30, 2019 (the “Contest Period ”). During the Contest Period, entrants will have the opportunity to submit an entry for consideration as more fully set forth below. By participating in the Contest, each entrant unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of Chaban Wellness, LLC, d/b/a Yes You Can!, 657 South Drive #403, Miami Springs, FL (“Sponsor”) which shall be final and binding in all respects. Sponsor's computer is the official time keeping device for this Contest.

At the end of the Contest Period, up to nineteen (19) Winners will be selected from the eligible Submissions received during the Contest Period as more fully set forth below.

2. Eligibility: The Contest is open only to legal residents of the 50 United States, the District of Columbia, and Puerto Rico who are at least the legal age of majority in their state/jurisdiction at the time of entry. Officers, directors and employees of Sponsor, and each of their respective parent, subsidiary and affiliate companies (all such individuals and entities collectively referred to herein as the “ Promotion Entities”) as well as the immediate family (spouse, parents, siblings and children) and household members of each such employee are not eligible to enter the Contest or win a prize. Void where prohibited by law and subject to all federal, state and local laws.

3. How to Enter the Contest:

Step One: Between January 1, 2019 and January 31, 2019, eligible individuals (“Entrants”) may submit an initial entry (the “ Submission”) at www.yesyoucan.com (the “Contest Site”). The Submission must:

· be completed in accordance with the specifications set forth at the Contest Site; and

· include a “before” photo from day 1 of the Entrant’s personal challenge.

Step Two: During their 90 day transformations, Entrants must purchase three eligible 30-day product kits or products* as follows:

purchase the 1st kit by January 31st

purchase the 2nd kit by February 28th; and

· purchase the 3rd kit by March 30th.

*Eligible kits are the Transform Kits On the Go Twice a Day, Transform Kit On the Go Once a Day, Transform Kit Food Lover Twice a Day, or Transform Kit Food Lover Once a Day. Eligible kits must be purchased online directly from Yes You Can! or from a Coach’s personal website.

Step Three: Between April 1, 2019 and April 30, 2019, at the end of their 90 day transformations, Entrants must submit a follow-up Submission at the Contest Site. The Submission must:

· be completed in accordance with the specifications set forth at the Contest Site; and

· include an “after” photo from day 90 of the Entrant’s personal challenge.

4. Submission Requirements: Submissions must be the Entrant’s original, previously unpublished work and not feature or focus on any material owned or controlled by third parties (including without limitation, third party copyrighted material). Submissions must not include images that are obscene, pornographic, libelous or otherwise objectionable. In addition, Entrant must provide upon request all appropriate clearances, permissions and releases for the Submission (in the event an Entrant cannot provide all required releases, Sponsor reserves the right, in Sponsor’s sole discretion, to disqualify the applicable Submission, or seek to secure the releases and clearances for Sponsor’s benefit or allow the applicable Submission to remain in Contest). Limit one Submission per person.

By entering, you understand and agree that your Submission in its entirety or a portion thereof may (in Sponsor’s sole discretion) be posted on the Contest Site, television and/or other Sponsor-selected media. All Submissions must be completed and submitted by the end of the Contest Period to be eligible. Normal Internet access and usage charges imposed by Entrants’ online service provider will apply. Any Submission that, in Sponsor's good faith judgment, violates the Submission requirements set forth herein or on the Contest Site will be disqualified. Any Submission that is considered by Sponsor in its sole and absolute discretion to be obscene, pornographic, libelous, hate speech or otherwise objectionable, in whole or in part, will be disqualified and will not be eligible for Submission. All requested information on the entry form must be completed to enter and to be eligible to win.

Proof of submission is not considered proof of delivery to or receipt of such Submission. Furthermore, Sponsor shall have no liability for any Submission that is lost, intercepted or not received by the Sponsor.

IMPORTANT NOTE: Any Entrant who incorporates any intellectual property or material owned by a third party into his or her Submission does so at his or her own risk. If Sponsor is duly notified that any element of an Entrant’s Submission infringes upon the rights of another person and/or receives a legally valid request to remove the affected Submission from the Contest Site because of such infringement, such Submission may be removed from the Contest Site and/or disqualified from the Contest, as Sponsor may determine in its sole discretion. Further, no Entrant will be eligible to receive a prize unless Sponsor determines, in its sole and absolute discretion, that such Entrant’s Submission has been or can be sufficiently cleared for legal purposes.

5. Winner Selection: Submissions will be judged by a panel of six (6) judges selected by Sponsor (the “Judging Panel ”). All decisions of Sponsor and the Judging Panel are final and binding in all respects of the Contest and not subject to challenge or appeal. After the Contest Period, on approximately May 15, 2019 the Judging Panel will select up to nineteen (19) winners (each, a “Winner,”).

The Judging Panel will select Winners based upon the following criteria:

· 20%: Entrant’s overall personal story;

· 20%: Entrant’s description of the use of Yes You Can! products in the transformation;

· 20%: How Entrant embraced the four Yes You Can! pillars of Nutrition, Emotional Health, Movement and Success; and

6. Winner Notification: Each Winner will be notified by telephone, e-mail, and/or mail using the contact information provided in the Submission by May 31, 2018. Sponsor shall have no liability for any Winner notification that is lost, intercepted or not received by the potential winner for any reason. If any potential Winner does not respond within the time required by Sponsor, or if the Winner notification is returned as unclaimed or undeliverable to any potential Winner, such potential Winner will forfeit his or her prize and an alternate Winner may be selected. If any potential Winner is found to be ineligible, or if he or she has not complied with these Official Rules or declines the prize for any reason, such potential Winner will be disqualified and the prize may be awarded to the next highest scoring Submission.

7. Winner Prizes and Approximate Retail Values (“ARV”):

Grand Prize (One) Winner:

A $5,000 check

Gold Prize (Three) Winners:

A $1,000 check

Silver Prize (Five) Winners:

A $500 prepaid cash gift card

Bronze Prize (Ten) Winners:

A4100 prepaid cash gift card

No substitution or transfer of Prize is permitted except at the sole discretion of the Sponsor who reserves the right to substitute a prize of equal or greater value in the event the Prize (or portion of Prize) is unavailable. Taxes, as applicable, related to all prizes including income taxes are the responsibility of the individual Winner. Prizes are awarded “as is” with no warranty or guarantee, either express or implied by Sponsor. Prizes may be substituted for any reason at the discretion of the Sponsor. Prizes are not transferable. Prizes and any of the above listed components may not be sold, traded, transferred, refunded, substituted, commissioned or redeemed for cash value. Winners are solely responsible for all federal, state and local taxes and any other costs, incidentals, and any other expenses associated with Prize acceptance and use. The Prize is non-commissionable and no substitutions, transfers, or cash equivalents for the Prize (or Prize component) are permitted, except that Sponsor may substitute a Prize component of equal value for any reason. Any prizes pictured in point-of-sale, online, television and print advertising, promotional packaging, and other Contest materials are for illustrative purposes only. All details and other restrictions of the Prize not specified in these Official Rules will be determined by Sponsor in its sole discretion. Each potential prize winner may be required to execute an Affidavit of Eligibility and Release (“ Prize Claim Documents”).

8. General Rules: The Promotion Entities and their service providers are not responsible for technical, hardware, software or telephone malfunctions of any kind, lost or unavailable network connections, or failed, incorrect, incomplete, inaccurate, garbled or delayed electronic communications caused by the user or by any of the equipment or programming associated with or utilized in the Contest or by any human error which may occur in the processing of the Submissions in the Contest or for any liability for damage to any computer system resulting from participation in, accessing or downloading information in connection with the Contest. Sponsor reserves the right at its sole discretion to disqualify any individual that tampers or attempts to tamper with the Submission process or the operation of the Contest; violates the Official Rules; or acts in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. Any attempt by any person to deliberately undermine the legitimate operation of the Contest may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Sponsor's failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. If, for any reason, the Contest (or online voting) is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of the Sponsor which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Contest, then the Sponsor reserves the right at its sole discretion to cancel the Contest and determine the Contest winners from among all eligible Entries received prior to cancellation.

9. Representations and Warranties/Indemnification: Each Entrant represents and warrants as follows: (i) the Submission accurately depicts his or her results during the Contest; (ii) the Submission is the Entrant’s own original, previously unpublished, and previously unproduced work; (iii) the Submission does not contain any computer virus (as applicable), is otherwise uncorrupted, is wholly original with Entrant, and as of the date of submission, is not the subject of any actual or threatened litigation or claim; (iv) the Submission does not and will not violate or infringe upon the intellectual property rights or other rights of any third party; and (v) the Submission does not and will not violate any applicable laws, and is not and will not be defamatory or libelous. Each Entrant hereby agrees to indemnify and hold the Promotion Entities harmless from and against all third-party claims, actions or proceedings of any kind and from any and all damages, liabilities, costs and expenses relating to or arising out of any breach or alleged breach of any of the warranties, representations or agreements of Entrant hereunder.

10. Grant of Rights: For good and valuable consideration, the receipt and legal sufficiency of which is hereby acknowledged, each Entrant hereby irrevocably grants Sponsor, its successors and assigns, a non-exclusive license (but not the obligation) to reproduce, publicly perform, stream, exploit and otherwise use the Submission throughout the universe, in perpetuity, for any reason whatsoever, including but not limited to the advertising, marketing, publicity and promotional purposes in connection with Sponsor and its products in any and all media, without further notice to, consent by, or payment to, Entrant. Without in any way limiting the foregoing, Sponsor shall have the right, in its sole discretion, to edit, composite, morph, scan, duplicate, or alter the Submission for any purpose which Sponsor deems necessary or desirable, and each Entrant irrevocably waives all so-called moral rights they may have therein. Sponsor shall have the right to freely assign its rights hereunder, in whole or in part, to any person or entity. Sponsor shall retain the rights granted in each Submission even if the Submission is disqualified or fails to meet the Submission requirements set forth herein or on the Contest Site.

11. Publicity Release: By participating in the Contest, in addition to any other grants which may be granted in any other agreement entered into between Sponsor and any Entrant in and/or winner of the Contest, each Entrant irrevocably grants the Promotion Entities and their respective successors, assigns and licensees, the right to use such Entrant’s name, photograph, likeness, statements, biographical information, and any other personal characteristics, in any and all media for any purpose, including without limitation, advertising and Contest purposes as well as in, on or in connection with the Contest Site or the Contest or other promotions, and each Entrant and/or prize winner(s) hereby release the Promotion Entities from any liability with respect thereto.

12. Nature of Relationship/Waiver of Equitable Relief: Each Entrant hereby acknowledges and agrees that the relationship between the Entrant and the Promotion Entities is not a confidential, fiduciary, or other special relationship, and that the Entrant’s decision to provide the Entrant’s Submission to Sponsor for purposes of the Contest does not place the Promotion Entities in a position that is any different from the position held by members of the general public with regard to elements of the Entrant’s Submission. Each Entrant understands and acknowledges that the Promotion Entities have wide access to ideas, stories, designs, and other literary materials, and that new ideas are constantly being submitted to it or being developed by their own employees. Each Entrant also acknowledges that many ideas or stories may be competitive with, similar or identical to the Submission and/or each other in theme, idea, plot, format or other respects. Each Entrant acknowledges and agrees that such Entrant will not be entitled to any compensation because of any Promotion Entity’s use of any such similar or identical material. Each Entrant acknowledges and agrees that the Promotion Entities do not now and shall not have in the future any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of the copyright in and to the Submission. Finally, each Entrant acknowledges that, with respect to any claim by Entrant relating to or arising out of a Promotion Entity’s actual or alleged exploitation or use of any Submission or other material submitted in connection with the Contest, the damage, if any, thereby caused to the applicable Entrant will not be irreparable or otherwise sufficient to entitle such Entrant to seek injunctive or other equitable relief and Entrant’s rights and remedies in any such event shall be strictly limited to the right to recover damages, if any, in an action at law.

13. No Obligation to Use: Sponsor shall have no obligation (express or implied) to use any Submission or to otherwise exploit any Submission or, if commenced, to continue the distribution or exploitation thereof, and Sponsor may at any time abandon the use of the Submission for any reason, with or without legal justification or excuse, and Entrants shall not be entitled to any damages or other relief by reason thereof.

14. Dispute Resolution: Except where prohibited, by participating Entrants agree that all issues and questions concerning the construction, validity, interpretation, and enforceability of these Official Rules, or the rights and obligations of participant(s) and Sponsor and its agents shall be governed by and construed exclusively in accordance with the laws of the State of Florida in the US without giving effect to any principles of conflicts of law of any jurisdiction. Furthermore, under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses. By participating in this Contest, each Entrant agrees: (i) that any and all disputes the Entrant may have with, or claims Entrant may have against, the Promotion Entities relating to, arising out of or connected in any way with (a) the Contest, (b) the awarding or redemption of any prize, and/or (c) the determination of the scope or applicability of this agreement to arbitrate, will be resolved exclusively by final and binding arbitration administered by JAMS and conducted before a sole arbitrator in accordance with the rules of JAMS; (ii) this arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act ( “FAA”), 9 U.S.C. §§ 1-16; (iii) the arbitration shall be held in Miami, FL; (iv) the arbitrator’s decision shall be controlled by the terms and conditions of these Official Rules and any of the other agreements referenced herein that the applicable Entrant may have entered into in connection with the Contest; (v) the arbitrator shall apply Florida law consistent with the FAA and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (vi) there shall be no authority for any claims to be arbitrated on a class or representative basis, arbitration can decide only Entrant’s and/or Sponsor’s individual claims; the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (vii) the arbitrator shall not have the power to award punitive damages against the Entrant or Sponsor; (viii) in the event that the administrative fees and deposits that must be paid to initiate arbitration against Sponsor exceed $125 USD, and Entrant is unable (or not required under the rules of JAMS) to pay any fees and deposits that exceed this amount, Sponsor agrees to pay them and/or forward them on Entrant’s behalf, subject to ultimate allocation by the arbitrator; (ix) if the Entrant is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Sponsor will pay as much of Entrant’s filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive; and (x) with the exception of subpart (vi) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the rules of JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (vi) is found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void, and neither Entrant nor Sponsor shall be entitled to arbitrate their dispute. For more information on JAMS and/or the rules of JAMS, visit their website at www.jamsadr.com. Some jurisdictions do not allow the limitations or exclusion of liability for incidental or consequential damages, so the above may not apply to you.

15. Release: Entrants agree that the Promotion Entities (A) shall not be responsible or liable for, and are hereby released from, any and all costs, injuries, losses or damages of any kind, including, without limitation, death and bodily injury, due in whole or in part, directly or indirectly, to participation in the Contest or any Contest-related activity, or from Entrants’ acceptance, receipt, possession and/or use or misuse of any prize, and (B) have not made any warranty, representation or guarantee express or implied, in fact or in law, with respect to any prize, including, without limitation, to such prize’s quality or fitness for a particular purpose. Sponsor assumes no responsibility for any damage to an Entrant’s, or any other person’s, computer system which is occasioned by accessing the Website or otherwise participating in the Contest, or for any computer system, phone line, hardware, software or program malfunctions, or other errors, failures, delayed computer transmissions or network connections that are human or technical in nature. Without limiting the generality of the foregoing, Sponsor is not responsible for incomplete, illegible, misdirected, misprinted, late, lost, damaged, stolen, or postage-due prize notifications; or for lost, interrupted, inaccessible or unavailable networks, servers, satellites, Internet service providers, websites, or other connections; or for miscommunications, failed, jumbled, scrambled, delayed, or misdirected computer, telephone or cable transmissions; or for any technical malfunctions, failures, difficulties or other errors of any kind or nature; or for the incorrect or inaccurate capture of information, or the failure to capture any information. These Official Rules cannot be modified or amended in any way except in a written document issued in accordance with law by a duly authorized representative of Sponsor. The invalidity or unenforceability of any provision of these rules shall not affect the validity or enforceability of any other provision. If any provision is determined to be invalid or otherwise unenforceable or illegal, these rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.

16. Data Protection/Privacy Policy: Information collected by Sponsor in connection with this Contest may be used by Sponsor and shared with any third parties involved in administration of the Contest in accordance with the online Privacy Policy posted on https://drive.google.com/file/d/0By4jCNPI8WE2MFh3ZGdvc0dVWmc/view . Sponsor may send marketing emails to Entrants to inspire you along the way in your 90-day transformations. However, Entrants may unsubscribe from such emails at any time. Any communication or information transmitted to Sponsor and/or the Contest Site by electronic mail or otherwise is and will be treated as non-confidential and nonproprietary.

Winners List: Available no later than May 31, 2019.

YES YOU CAN! 2019 TRANSFORMATION OF THE YEAR CONTEST RULES

1. Contest Period: The Yes You Can! 2019 Transformation of the Year Contest (the “Contest”) begins at 6:00 a.m. Eastern Time (“ET”) on November 29, 2019 and ends at 11:59:59 p.m. ET on December 31, 2019 (the “Contest Period ”). During the Contest Period, entrants will have the opportunity to submit an entry for consideration as more fully set forth below. By participating in the Contest, each entrant unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of Chaban Wellness, LLC, d/b/a Yes You Can!, 657 South Drive #403, Miami Springs, FL (“Sponsor”) which shall be final and binding in all respects. Sponsor's computer is the official time keeping device for this Contest.

At the end of the Contest Period, one (1) Winner will be selected from the eligible Submissions received during the Contest Period as more fully set forth below.

2. Eligibility: The Contest is open only to legal residents of the 50 United States, the District of Columbia, and Puerto Rico who are at least the legal age of majority in their state/jurisdiction at the time of entry and who have (1) previously participated in a 2019 Transformation Challenge cycle; and (2) have continued their transformation after that cycle. Officers, directors and employees of Sponsor, and each of their respective parent, subsidiary and affiliate companies (all such individuals and entities collectively referred to herein as the “ Promotion Entities”) as well as the immediate family (spouse, parents, siblings and children) and household members of each such employee are not eligible to enter the Contest or win a prize. Void where prohibited by law and subject to all federal, state and local laws.

3. How to Enter the Contest: During the Contest Period, eligible individuals (“Entrants”) may email an entry (the “Submission”) at TC@yesyoucan.com (the “Contest Site”). The Submission must:

• be completed in accordance with the specifications set forth at the Contest Site;

• include a “before” photo from day 1 of the Entrant’s personal challenge during their Transformation Challenge cycle;

• include an “after” photo from Day 90 of their Transformation Challenge cycle; and

• include an “after” photo from present-day, showing their progress since the end of their Transformation Challenge cycle.

4. Submission Requirements: Submissions must be the Entrant’s original, previously unpublished work and not feature or focus on any material owned or controlled by third parties (including without limitation, third party copyrighted material). Submissions must not include images that are obscene, pornographic, libelous or otherwise objectionable. In addition, Entrant must provide upon request all appropriate clearances, permissions and releases for the Submission (in the event an Entrant cannot provide all required releases, Sponsor reserves the right, in Sponsor’s sole discretion, to disqualify the applicable Submission, or seek to secure the releases and clearances for Sponsor’s benefit or allow the applicable Submission to remain in Contest). Limit one Submission per person.

By entering, you understand and agree that your Submission in its entirety or a portion thereof may (in Sponsor’s sole discretion) be posted on the Contest Site, television and/or other Sponsor-selected media. All Submissions must be completed and submitted by the end of the Contest Period to be eligible. Normal Internet access and usage charges imposed by Entrants’ online service provider will apply. Any Submission that, in Sponsor's good faith judgment, violates the Submission requirements set forth herein or on the Contest Site will be disqualified. Any Submission that is considered by Sponsor in its sole and absolute discretion to be obscene, pornographic, libelous, hate speech or otherwise objectionable, in whole or in part, will be disqualified and will not be eligible for Submission. All requested information on the entry form must be completed to enter and to be eligible to win.

Proof of submission is not considered proof of delivery to or receipt of such Submission. Furthermore, Sponsor shall have no liability for any Submission that is lost, intercepted or not received by the Sponsor.

IMPORTANT NOTE: Any Entrant who incorporates any intellectual property or material owned by a third party into his or her Submission does so at his or her own risk. If Sponsor is duly notified that any element of an Entrant’s Submission infringes upon the rights of another person and/or receives a legally valid request to remove the affected Submission from the Contest Site because of such infringement, such Submission may be removed from the Contest Site and/or disqualified from the Contest, as Sponsor may determine in its sole discretion. Further, no Entrant will be eligible to receive a prize unless Sponsor determines, in its sole and absolute discretion, that such Entrant’s Submission has been or can be sufficiently cleared for legal purposes.

5. Winner Selection: Submissions will be judged by a panel of six (6) judges selected by Sponsor (the “Judging Panel ”). All decisions of Sponsor and the Judging Panel are final and binding in all respects of the Contest and not subject to challenge or appeal. After the Contest Period, on approximately January 31, 2020 the Judging Panel will select one (1) winner (“Winner”).

The Judging Panel will select the Winner based upon the following criteria:

• 20%: Entrant’s overall personal story;

• 20%: Entrant’s description of the use of Yes You Can! products in the transformation;

• 20%: How Entrant embraced the four Yes You Can! pillars of Nutrition, Emotional Health, Movement and Success; and

• 40%: Entrant’s total body transformation since the end of their Transformation Challenge cycle (which includes weight lost, reduction in body measurements and a review of Entrant’s “before” and “after” photos).

6. Winner Notification: The Winner will be notified by telephone, e-mail, and/or mail using the contact information provided in the Submission by January 31, 2020. Sponsor shall have no liability for any Winner notification that is lost, intercepted or not received by the potential winner for any reason. If any potential Winner does not respond within the time required by Sponsor, or if the Winner notification is returned as unclaimed or undeliverable to any potential Winner, such potential Winner will forfeit his or her prize and an alternate Winner may be selected. If any potential Winner is found to be ineligible, or if he or she has not complied with these Official Rules or declines the prize for any reason, such potential Winner will be disqualified, and the prize may be awarded to the next highest scoring Submission.

7. Winner Prize and Approximate Retail Values (“ARV”): The Winner will be flown to Miami and will receive a 5-star treatment experience with paid economy class round trip airfare, round trip airport ground transportation, 2 nights in a four star hotel, a special filmed or Live television segment showing their transformation, a personal styling and makeover session, personal professional photoshoot, a prize-pack worth $250, and a meet & greet with Alejandro Chaban. Approximate retail value: $3500.

No substitution or transfer of Prize is permitted except at the sole discretion of the Sponsor who reserves the right to substitute a prize of equal or greater value in the event the Prize (or portion of Prize) is unavailable. Taxes, as applicable, related to all prizes including income taxes are the responsibility of the Winner. Prizes are awarded “as is” with no warranty or guarantee, either express or implied by Sponsor. Prizes may be substituted for any reason at the discretion of the Sponsor. Prizes are not transferable. Prizes and any of the above listed components may not be sold, traded, transferred, refunded, substituted, commissioned or redeemed for cash value. The Winner is solely responsible for all federal, state and local taxes and any other costs, incidentals, and any other expenses associated with Prize acceptance and use. The Prize is non-commissionable and no substitutions, transfers, or cash equivalents for the Prize (or Prize component) are permitted, except that Sponsor may substitute a Prize component of equal value for any reason. Any prizes pictured in point-of-sale, online, television and print advertising, promotional packaging, and other Contest materials are for illustrative purposes only. All details and other restrictions of the Prize not specified in these Official Rules will be determined by Sponsor in its sole discretion. Each potential prize winner may be required to execute an Affidavit of Eligibility and Release (“Prize Claim Documents”).

8. General Rules: The Promotion Entities and their service providers are not responsible for technical, hardware, software or telephone malfunctions of any kind, lost or unavailable network connections, or failed, incorrect, incomplete, inaccurate, garbled or delayed electronic communications caused by the user or by any of the equipment or programming associated with or utilized in the Contest or by any human error which may occur in the processing of the Submissions in the Contest or for any liability for damage to any computer system resulting from participation in, accessing or downloading information in connection with the Contest. Sponsor reserves the right at its sole discretion to disqualify any individual that tampers or attempts to tamper with the Submission process or the operation of the Contest; violates the Official Rules; or acts in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. Any attempt by any person to deliberately undermine the legitimate operation of the Contest may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Sponsor's failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. If, for any reason, the Contest (or online voting) is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of the Sponsor which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Contest, then the Sponsor reserves the right at its sole discretion to cancel the Contest and determine the Winner from among all eligible Entries received prior to cancellation.

9. Representations and Warranties/Indemnification: Each Entrant represents and warrants as follows: (i) the Submission accurately depicts his or her results during the Contest; (ii) the Submission is the Entrant’s own original, previously unpublished, and previously unproduced work; (iii) the Submission does not contain any computer virus (as applicable), is otherwise uncorrupted, is wholly original with Entrant, and as of the date of submission, is not the subject of any actual or threatened litigation or claim; (iv) the Submission does not and will not violate or infringe upon the intellectual property rights or other rights of any third party; and (v) the Submission does not and will not violate any applicable laws, and is not and will not be defamatory or libelous. Each Entrant hereby agrees to indemnify and hold the Promotion Entities harmless from and against all third-party claims, actions or proceedings of any kind and from any and all damages, liabilities, costs and expenses relating to or arising out of any breach or alleged breach of any of the warranties, representations or agreements of Entrant hereunder.

10. Grant of Rights: For good and valuable consideration, the receipt and legal sufficiency of which is hereby acknowledged, each Entrant hereby irrevocably grants Sponsor, its successors and assigns, a non-exclusive license (but not the obligation) to reproduce, publicly perform, stream, exploit and otherwise use the Submission throughout the universe, in perpetuity, for any reason whatsoever, including but not limited to the advertising, marketing, publicity and promotional purposes in connection with Sponsor and its products in any and all media, without further notice to, consent by, or payment to, Entrant. Without in any way limiting the foregoing, Sponsor shall have the right, in its sole discretion, to edit, composite, morph, scan, duplicate, or alter the Submission for any purpose which Sponsor deems necessary or desirable, and each Entrant irrevocably waives all so-called moral rights they may have therein. Sponsor shall have the right to freely assign its rights hereunder, in whole or in part, to any person or entity. Sponsor shall retain the rights granted in each Submission even if the Submission is disqualified or fails to meet the Submission requirements set forth herein or on the Contest Site.

11. Publicity Release: By participating in the Contest, in addition to any other grants which may be granted in any other agreement entered into between Sponsor and any Entrant and/or Winner, each Entrant irrevocably grants the Promotion Entities and their respective successors, assigns and licensees, the right to use such Entrant’s name, photograph, likeness, statements, biographical information, and any other personal characteristics, in any and all media for any purpose, including without limitation, advertising and Contest purposes as well as in, on or in connection with the Contest Site or the Contest or other promotions, and each Entrant and/or prize winner(s) hereby release the Promotion Entities from any liability with respect thereto.

12. Nature of Relationship/Waiver of Equitable Relief: Each Entrant hereby acknowledges and agrees that the relationship between the Entrant and the Promotion Entities is not a confidential, fiduciary, or other special relationship, and that the Entrant’s decision to provide the Entrant’s Submission to Sponsor for purposes of the Contest does not place the Promotion Entities in a position that is any different from the position held by members of the general public with regard to elements of the Entrant’s Submission. Each Entrant understands and acknowledges that the Promotion Entities have wide access to ideas, stories, designs, and other literary materials, and that new ideas are constantly being submitted to it or being developed by their own employees. Each Entrant also acknowledges that many ideas or stories may be competitive with, similar or identical to the Submission and/or each other in theme, idea, plot, format or other respects. Each Entrant acknowledges and agrees that such Entrant will not be entitled to any compensation as a result of any Promotion Entity’s use of any such similar or identical material. Each Entrant acknowledges and agrees that the Promotion Entities do not now and shall not have in the future any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of the copyright in and to the Submission. Finally, each Entrant acknowledges that, with respect to any claim by Entrant relating to or arising out of a Promotion Entity’s actual or alleged exploitation or use of any Submission or other material submitted in connection with the Contest, the damage, if any, thereby caused to the applicable Entrant will not be irreparable or otherwise sufficient to entitle such Entrant to seek injunctive or other equitable relief and Entrant’s rights and remedies in any such event shall be strictly limited to the right to recover damages, if any, in an action at law.

13. No Obligation to Use: Sponsor shall have no obligation (express or implied) to use any Submission or to otherwise exploit any Submission or, if commenced, to continue the distribution or exploitation thereof, and Sponsor may at any time abandon the use of the Submission for any reason, with or without legal justification or excuse, and Entrants shall not be entitled to any damages or other relief by reason thereof.

14. Dispute Resolution: Except where prohibited, by participating Entrants agree that all issues and questions concerning the construction, validity, interpretation, and enforceability of these Official Rules, or the rights and obligations of participant(s) and Sponsor and its agents shall be governed by and construed exclusively in accordance with the laws of the State of Florida in the US without giving effect to any principles of conflicts of law of any jurisdiction. Furthermore, under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses. By participating in this Contest, each Entrant agrees: (i) that any and all disputes the Entrant may have with, or claims Entrant may have against, the Promotion Entities relating to, arising out of or connected in any way with (a) the Contest, (b) the awarding or redemption of any prize, and/or (c) the determination of the scope or applicability of this agreement to arbitrate, will be resolved exclusively by final and binding arbitration administered by JAMS and conducted before a sole arbitrator in accordance with the rules of JAMS; (ii) this arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act ( “FAA”), 9 U.S.C. §§ 1-16; (iii) the arbitration shall be held in Miami, FL; (iv) the arbitrator’s decision shall be controlled by the terms and conditions of these Official Rules and any of the other agreements referenced herein that the applicable Entrant may have entered into in connection with the Contest; (v) the arbitrator shall apply Florida law consistent with the FAA and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (vi) there shall be no authority for any claims to be arbitrated on a class or representative basis, arbitration can decide only Entrant’s and/or Sponsor’s individual claims; the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (vii) the arbitrator shall not have the power to award punitive damages against the Entrant or Sponsor; (viii) in the event that the administrative fees and deposits that must be paid to initiate arbitration against Sponsor exceed $125 USD, and Entrant is unable (or not required under the rules of JAMS) to pay any fees and deposits that exceed this amount, Sponsor agrees to pay them and/or forward them on Entrant’s behalf, subject to ultimate allocation by the arbitrator; (ix) if the Entrant is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Sponsor will pay as much of Entrant’s filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive; and (x) with the exception of subpart (vi) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the rules of JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (vi) is found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void, and neither Entrant nor Sponsor shall be entitled to arbitrate their dispute. For more information on JAMS and/or the rules of JAMS, visit their website at www.jamsadr.com. Some jurisdictions do not allow the limitations or exclusion of liability for incidental or consequential damages, so the above may not apply to you.

15. Release: Entrants agree that the Promotion Entities (A) shall not be responsible or liable for, and are hereby released from, any and all costs, injuries, losses or damages of any kind, including, without limitation, death and bodily injury, due in whole or in part, directly or indirectly, to participation in the Contest or any Contest-related activity, or from Entrants’ acceptance, receipt, possession and/or use or misuse of any prize, and (B) have not made any warranty, representation or guarantee express or implied, in fact or in law, with respect to any prize, including, without limitation, to such prize’s quality or fitness for a particular purpose. Sponsor assumes no responsibility for any damage to an Entrant’s, or any other person’s, computer system which is occasioned by accessing the Website or otherwise participating in the Contest, or for any computer system, phone line, hardware, software or program malfunctions, or other errors, failures, delayed computer transmissions or network connections that are human or technical in nature. Without limiting the generality of the foregoing, Sponsor is not responsible for incomplete, illegible, misdirected, misprinted, late, lost, damaged, stolen, or postage-due prize notifications; or for lost, interrupted, inaccessible or unavailable networks, servers, satellites, Internet service providers, websites, or other connections; or for miscommunications, failed, jumbled, scrambled, delayed, or misdirected computer, telephone or cable transmissions; or for any technical malfunctions, failures, difficulties or other errors of any kind or nature; or for the incorrect or inaccurate capture of information, or the failure to capture any information. These Official Rules cannot be modified or amended in any way except in a written document issued in accordance with law by a duly authorized representative of Sponsor. The invalidity or unenforceability of any provision of these rules shall not affect the validity or enforceability of any other provision. If any provision is determined to be invalid or otherwise unenforceable or illegal, these rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.

16. Data Protection/Privacy Policy: Information collected by Sponsor in connection with this Contest may be used by Sponsor and shared with any third parties involved in administration of the Contest in accordance with the online Privacy Policy posted on https://drive.google.com/file/d/0By4jCNPI8WE2MFh3ZGdvc0dVWmc/view. Sponsor may send marketing emails to Entrants to inspire you along the way in your transformations. However, Entrants may unsubscribe from such emails at any time. Any communication or information transmitted to Sponsor and/or the Contest Site by electronic mail or otherwise is and will be treated as non-confidential and nonproprietary.